Turtle Tattoo Designs

Guys:
I know it's a drag...but what the heck..!!!

What do you think..the dates are going to move too..!!!

Good idea! Let's have a 'Membership Drive Week' and increase the membership.

I'm taking chances as well..... switching to EAD on day 10, if not earlier.
If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.

im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

then just sit tight and wait. and keep your money from those crooked "educators"

.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....

1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

Have a good day!

________________________
Not a legal advice
US citizen of Indian origin

I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.

My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

You would agree that the majority of the July gold rush comes from two sources:

1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.

The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.

Hello miss neha ,

Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???

your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....

The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...

Regards
Hinglish

I did my MBA in one of the premium university in USA.
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.

I applied for H1-B in FY 2008 under master quota from a small consulting company B.

My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?


Thanks,
Neha

2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.

I think the nitty gritties of these things has to be worked on with a good immigration lawyer.

Cheers,
h1techSlave

Sam thing happened with my wife, USCIS denied her I131 saying they have already approved the 485 so no need for I131. My lawyer thinks that this was a mistake from USCIS and we applied for her I131 again.

Hope this helps.

I'm from Bangladesh and my PD is May 2006....EB3

I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

Some help here will be highly appreciated��.thanks in advance

I am not sure which location you went to. I went to the infopass in Newark, NJ and I was able to get status on name check. They could not give any other information, but they were able to tell me that my name check was complete.

As mentioned in an earlier post, you can always leverage your Congressman.

Thanks
Varsha

I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?

same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home

Congratulations to IV and all it's members. Time to celebrate!

I traveled recently from DTW to india using lufthansa. Allowed two baggage for me and 2 for my son(4yrs old) without any problem

bump

NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .

But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.

I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.

I have applied for my first H1B extension in the month of July. Receievd an RFE on Client and current work location and was replied in the month of november.
on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

Am I an illegal resident now?


Until when can I stay in the us?


Should my employer appeal the case and by when should he do that, is there premium processing for this?


How long does the appeal process take ?


Can I work while the case is appealed?


How many days can I stay in us after the case is appealed?


How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?


What are the chances of approvals in Premium processing in Current Market?


Can I start working once the receipt for the new h1b petition comes in?


If not, can I work once the h1 is approved or should I go to India and reenter to start working?

Can i transfer my approved I140 to a new employer ?

I will really appreciate your feedback on this.

Thanks in advance.

Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

Regds,
Vani

No way, you will have to ask your employer

You'd have to wait for PD to become current to add spouse.

Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.

I think, he should run for his life from his in laws now...:)
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)